ADARSH KUMAR GOEL,J - (1.) THIS petition has been filed for quashing of order of summoning of the petitioner.
(2.) RESPONDENT No. 1 filed a complaint, alleging, inter alia, that he was in Ex-Army Officer. He contested election to the Assembly in the year 1977. He was elected and became Education Minister in Haryana. He also served as Speaker of the Assembly. He was re-elected and became Transport Minister. In 1991, he was elected to Lok Sabha and also served as a Minister. He has two daughters - one was married to Andhiraj, a Commercial Pilot and other was a student. In the issue dated 12.3.1998 of 'Jansatta', a defamatory news item was published. The news item is as under :- "Jammu 11.3.1998. The approach of the State Chief Minister Farooq Abdulla of extending support of the BJP Govt. in the Centre may cause problems for United Front in the days to come. Like Chandrababu Naidu, Abdulla has not yet opened his cards. Sources say that Abdulla is ready to support the congress but he has not yet shut the doors for support to BJP. No leader of National Conference denies that the party can support the BJP in the Centre. In this respect, there us a statement given by the General Secretary, National Conference Sheikh Nazir to a Private TV Channel that National Conference will support the BJP to form Government. On the other hand, Lokshakti Leader, Ram Krishan Hegde and Samta Party Leader George Fernandes are also in touch with Farooq. It is of importance that both are very close friends of Farooq. Both leaders can play vital role in getting Farooq on the side of BJP. Even though, BJP has not formally contacted Farooq, the contact of Hegde and George is seen to be important, importance is being given to the visit of BJP leader Col. Ram Singh to Srinagar some days ago. This is despite the statement of National Conference that his visit was private and he had come to celebrate the victory of son-in-law Umar Farooq. According to information received, he has spoken to his Samadhi on behalf of BJP. According to sources in return for supporting the BJP, Farooq may demand a ministerial berth for his son Umar Farooq. It is also a possibility that National Conference may abstain during the vote of confidence. National Conference has won out of six J&K seats. Elections are yet to be held for two seats. The relations between BJP and No were never sweet. To this extent that in the State, BJP's politics is based on opposition to NC. The support that BJP has created for itself in the Jammu area of the State is importantly based upon opposition to NC". The news item was false and baseless and it led people to believe that his daughter was married to a Muslim boy. This issue was linked to the religious feelings of the society and on account of the news item, the petitioner stood defamed in the eyes of public and community at large.
(3.) IN the complaint, the petitioner was added as one of the accused and allegation made in para 5 of the complaint, is as under :- "That all the accused were fully aware that the complainant was not the father-in-law of Umar Farooq and that the daughter of the complainant has not married to Umar Farooq and the said news item had been published by the accused with the intention to harm and knowing that such imputation will lower the reputation of the complainant and his family". The petitioner was Managing Editor of 'Jansatta' Newspaper, wherein the news item was published.;